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After the Parkland school shooting, Florida lawmakers passed a so-called "red flag" law that aims to keep guns out of the hands of people deemed to be a threat to others or themselves. The new law went into effect March 9, quickly stoking concern among people about lost freedom. A March 18 headline posted on the Free Thought Project said, "It begins: Florida police now confiscating guns from people with no due process." The post went on to say a man in Lighthouse Point in Broward County, like Parkland had his guns taken away before he was determined to be mentally unfit and before he was accused of a crime, making him the first person in the state to "have his due process removed." Facebook users flagged the post as being potentially fabricated, as part of the social networks efforts to combat online hoaxes. The post makes it seem like a mans guns were taken without reason or cause, but that leaves out important nuance about the situation. Authorities said the man voluntarily surrendered his weapons and never contested the temporary risk protection order barring him from his guns for up to a year. Floridas "risk protection law" Florida legislators moved quickly to pass SB 7026, allowing law enforcement to seek a risk protection order from a judge that would temporarily remove a persons firearm(s) for up to a year. It also bars those individuals from buying guns during that time. Pinellas County Sheriff Bob Gualtieri took issue with the way the law has been portrayed in headlines. He said if a person doesnt comply with a risk protection order, then police have to file a warrant and establish probable cause to obtain the weapon. "There is no seizure authority," Gualtieri said. "You can ask them to comply with the risk protection order, but you cant seize a persons guns." The law slightly amended the Baker Act, under which law enforcement officials can take someone against their will to a facility for a mental health evaluation if the person is a danger to themselves or others. Authorities can confiscate a persons guns if they pose a potential danger to themselves or have made a credible threat of violence against another person. Before this change, the Baker Act didnt state whether guns should be taken or returned, except to ban guns from hospitals providing mental health services. In practice, officers would often but not always temporarily confiscate guns if the firearms were on the person or in plain sight during the Baker Act "episode," said Martha Lenderman, an expert on the Baker Act. More states added similar "red flag" laws this year including Washington. Matt Agorist, who wrote the Free Thought Project article, argued that Floridas new law allows law enforcement officers to retain guns without due process. "When a person is stripped of their constitutional rights, albeit temporarily, without being given the chance to make their own case based on what can be entirely arbitrary accusations, this is the removal of due process," Agorist said in an email to PolitiFact Florida. However, this neglects the fact that the person in question allowed police to retain his guns at the time he was taken into custody under the Baker Act. After this, Lighthouse Point police took the necessary steps to obtain a temporary risk protection order, which a judge reviewed and signed. Details about the Florida police seizing a mans handgun PolitiFact Florida interviewed Lighthouse Point Police Chief Ross Licata and Broward Countys chief judge to get an understanding of the incident that led to a 56-year-old man losing his weapons. Licata said officers have had interactions with the man for years, but it wasnt until early March that his actions warranted action. (PolitiFact Florida is not naming the man because of his condition.) On March 7, Lighthouse Point Police checked on the man at his condo after an anonymous person filed a complaint that he was acting strangely. According to court records, the person said the man had been seen around the community "clutching his face and hair while arguing with himself." The complainant also said the man had admitted to turning off the main electrical breakers to the condo building "to prevent them from sending electrical impulses through his body and controlling him." Licata said that this was causing a safety issue for other residents who depend on oxygen. During the police welfare check, the man said he was being targeted by one of his neighbors, who he said shape-shifts and looks like Osama bin Laden. The man was carrying a firearm in the outer pocket of his cargo pants, according to court records. The man voluntarily surrendered his weapons during the welfare check, said Browards chief administrative judge, Circuit Judge Jack Tuter. After that, police determined the man was a risk to himself and others and took him into custody under the Baker Act. Licata said the subject was not released from the medical center until March 21. Before he was released, police petitioned the court to get a temporary ex parte order and a permanent risk protection order March 14 to retain the mans guns. (An ex parte orders allows the court to proceed temporarily without both parties present for a hearing. In this case, the man was still being held at a medical facility.) Law enforcement met with the man at his condo March 21 to remove additional ammunition. One week after his release, there was a final hearing to determine if the guns and ammunition should be removed for one year. The man was there. He did not contest the one-year risk protection order requested by police. Tuter signed the order preventing him from owning or purchasing guns. Our ruling A headline on the Free Thought Project said, "Florida police now confiscating guns from people with no due process." The headline and the story make it appear that Florida police arbitrarily took away a mans guns, and thats not the case. The man in question voluntarily gave his weapons to police before he was taken into custody under the Baker Act, a judge said. While the man was being treated, Lighthouse Point police followed the protocol for obtaining a temporary risk protection order, and the man did not contest the order at any point during the court proceedings. With everything considered, we rate this claim False. |
The Free Thought Project - Florida police seize a man's gun without due process
| Source: | Politifact |
| Published: | Apr 4, 2018 |
| Author: | Allison Graves |
| Post Date: | 2019-10-02 01:51:16 by Gatlin |
| Views: | 8649 |
#1: A K A Stone To: Gatlin (#0)
Why did you post an article with lies in it?
There is no seizure authority it says then it says you have to obtain probable cause to obtain the weapon.
A K A Stone posted on 2019-10-02 07:41:32 Reply Private Reply
#2: Gatlin To: A K A Stone (#1)
Thats a damned great question, Stone. And such a direct question deserves a simple pointed answer. I shall try to be brief in giving you one.
I posted an article with lies in it because I read where you gave your enigmatic permission to Deckard for him to do just that. And I upon realizing it was your accepted norm saw the light as I simply want to also be considered a great asset and make terrific contributions to your LibertysFlame forum.
Thank you, Sir, for asking.
Salute,
Gatlin
Gatlin posted on 2019-10-02 08:18:17 Reply Private Reply
#3: A K A Stone To: Gatlin (#2)
A K A Stone posted on 2019-10-02 09:04:49 Reply Private Reply
#4: misterwhite To: Gatlin, A K A Stone (#2)
misterwhite posted on 2019-10-02 09:07:33 Reply Private Reply
#5: Gatlin To: misterwhite, A K A Stone, Deckard (#4)
We need to nominate a LF Liar in Chief to decide on this sort of lying thing.
I submit Deckard to be considered for the position since he has shown himself profoundly to be a worthy authority based on his many years posting experience in this field.
Perhaps an alternating posting submission schedule can be worked out sp we can have a equal shot at performing the duty.
Salute,
Gatlin
Gatlin posted on 2019-10-02 09:35:27 Reply Private Reply
#6: Gatlin To: A K A Stone, misterwhite (#3)
Ah, but I know from past experience there is little interest in that.
And besides.
Doing that is not nearly as much fun or gives the feeling of great accomplishments as posting lies obviously does to at least one unnamed individual.
Im gonna stick with posting lies if that is okay with you.
Salute,
Gatlin
Gatlin posted on 2019-10-02 09:41:46 Reply Private Reply
#7: A K A Stone To: Gatlin (#5)
You need to quit lying about stuff. You posted an article with a lie in it.
The free thought project article in question contained no lies. The tax payers will pay.
Reminds me of this verse.
Thou hypocrite, first cast out the beam out of thine own eye; and then shalt thou see clearly to cast out the mote out of thy brother's eye.
A K A Stone posted on 2019-10-02 10:42:48 Reply Private Reply
#8: A K A Stone To: misterwhite (#4)
What are you jabbing about? Too?
A K A Stone posted on 2019-10-02 10:43:33 Reply Private Reply
#9: A K A Stone To: Gatlin (#6)
Ok you are going to "stick" with posting lies. Which means that is the norm for you. Ok we are informed that you post lies. Thank You.
A K A Stone posted on 2019-10-02 10:45:06 Reply Private Reply
#10: Gatlin To: A K A Stone (#9)
Yep, I am going to stick with posting lies by Matt Agolrist until I get tired of doing that and then I may decide to follow your example and flip flopback should I tire in the devilish undertaking.
You are exceedingly welcome, Kind Sir.Anything to further the cause
Salute,
Gatlin
Gatlin posted on 2019-10-02 10:57:22 Reply Private Reply
#11: A K A Stone To: Gatlin (#10)
A K A Stone posted on 2019-10-02 11:01:24 Reply Private Reply
#12: Deckard To: A K A Stone (#9)
He (Gatlin) is trolling - throwing shit against the wall to see what sticks - poor baby is an attention whore.
His self-appointed mission is to get you to ban alternative news stories. Right now he's on a FTP banning jag - he won't stop until only mainstream sources that he agrees with are allowed here.
Of course, he will post his anti-libertarian and anti Ron Paul screeds from leftist sites. (remember when he posted articles from a couple of outright socialist sites?)
Deckard posted on 2019-10-02 11:04:35 Reply Private Reply
#13: Gatlin To: A K A Stone (#11)
You mean that I never get to flip flop like you did?Your forum Your rules
In our new parlor game - Who gets to decide what are lies and what are not lies?
Salute,
Gatlin
Gatlin posted on 2019-10-02 11:29:16 Reply Private Reply
#14: Gatlin To: Deckard (#12)
Stone is a Big Boy and I dont think he needs your guidance or advice in handling posts from me.Or, does he
Why dont you just wait and see what I will do instead of trying to anticipate what I will do and out guess me?
Refer not to what I have done in the past Look forward to what I will do in the future.
How did you respond to those? I cant rememberSalute,
Gatlin
Gatlin posted on 2019-10-02 11:42:09 Reply Private Reply
#15: Gatlin To: A K A Stone (#7)
Great suggestionI will simply post articles like Deckard does
I will do no editorializing
Salute,
Gatlin
Gatlin posted on 2019-10-02 11:48:29 Reply Private Reply
#16: nolu chan To: A K A Stone, Gatlin (#7)
Why? Do you expect the court to order the taxpayers to pay?
It should be noted that there is no possibility whatever that the Federal court will order the taxpayer to pay a dime pursuant to this lawsuit.
What is your legal theory that the taxpayer will pay?
If the acts of the employees are found to have been wanton, reckless or malicious, and the employees are ordered by the court to pay, why would the taxpayers be on the hook?
There were three Counts. The TFTP article failed to mention that all of Count 1 has been dismissed on summary judgment, and one of the three parts of Count 3 has been dismissed on summary judgment. Nobody will pay for those.
Actually, the TFTP article contained a whopper that officers had been ordered to stand trial. The case was filed in 2016 and no trial has been ordered yet. The litigation is still at a stage where nobody has been ordered to stand trial.
nolu chan posted on 2019-10-02 12:59:00 Reply Private Reply
#17: Deckard To: nolu chan (#16)
Where do you suppose the money comes from to pay out these lawsuits dumbass?
Deckard posted on 2019-10-02 13:23:33 Reply Private Reply
#18: nolu chan To: Deckard, A K A Stone, Gatlin (#17)
Here you go fucknuts. What is your legal theory for the federal court to order the sovereign state to pay. There were STATE troopers, not municipal employees. They were sued in their individual capacity. The State is not a defendant because that would be unconstitutional.
Edelman v. Jordan, 415 U.S. 651, 677 (1974)
At 1 (Syllabus)
At 675-677:
nolu chan posted on 2019-10-02 14:21:35 Reply Private Reply
#19: Gatlin To: Deckard, A K A Stone, nolu chan (#17)
I dont see where the State of Connecticut is named as a defendant in the civil lawsuit.
I will show you the formal definitive procedure outlined by the State of Connecticut Judicial Branch to be followed by the individuals who are named in civil lawsuits while the state is not
You can easily see that when employees are found to have been wanton, reckless or malicious in their acts and they become the subjects to CIVIL lawsuits they are own their own and the employees are not ordered by the court to pay.
Read very carefully where it says:
These instructions are to help you represent yourself in responding to a civil lawsuit.
Now, I respectfully ask that either you or either Stone show where, how and under what statute and in which lawsuit that the Federal Court will require the State Connecticut tax payers to pay when they are not even being sued.
https://www.jud.ct.gov/forms/grouped/civil/respond_suit.htm
From this, it should be easy for you to see that the defendants in the civil lawsuit will get some generic advice from time to time but they are on their own.Salute,
Gatlin
Gatlin posted on 2019-10-02 14:42:17 Reply Private Reply
#20: Deckard To: nolu chan (#18)
Oh, so the payment comes directly from the troopers pockets? Never gonna happen.
Deckard posted on 2019-10-02 15:43:42 Reply Private Reply
#21: nolu chan To: Deckard (#20)
Is that all you can say about the U.S. Supreme Court decision that says:
A suit may not be brought by an individual against a State in Federal court. Add a State to the list of defendants and the suit gets tossed.
You're the expert calling others dumbass. Try harder. Distinguished from cases brought against cities and towns, this is against employees of a sovereign state that cannot be named as a defendant. That is why no state official appears as defendant in their official capacity. And yet, you seem to maintain that the State definitely will pay if the Court finds for the plaintiff.
If the Court rules for plaintiff, it will issue an order against the named defendants. If you insist that the Court will rule against a non-party to the litigation, take a seat on the short bus. It cannot issue an order against the State. You infer the State is required to pay. I am asking for your legal reasoning, if you have any. If you are just blathering, just say so.
If you are just to handicapped to understand the issue, or proficiently use the google, say that.
Just address the issue, or take your seat on the short bus.
nolu chan posted on 2019-10-02 16:31:33 Reply Private Reply
#22: Gatlin To: Deckard, A K A Stone, nolu chan (#20)
The state is not even being sued here. The person is using ACLU lawyers. They are no dummies. If they had thought they could get money from the state in this case they would have sued the state as well. But the ACLU did not.
Here is a link to a situation posted on The Free Thought Project. Look carefully and you will see that the party is suing both the county government and the county deputies. If she wins, then the headline can read in that case: Taxpayers to Be Held Liable.
You show no justification for your statement. It is just something you think should happen. How many times do you have to be told that the state is not even being sued in this case?Salute,
Gatlin
Gatlin posted on 2019-10-02 17:51:18 Reply Private Reply
#23: Gatlin To: nolu chan, Deckard, A K A Stone (#21)
These two just make up things on what they think should happen.
And because they think it It will happen that way.
Strange people
Salute,
Gatlin
Gatlin posted on 2019-10-02 17:55:04 Reply Private Reply
#24: nolu chan To: Gatlin, Deckard, A K A Stone (#22)
It is an individual suing in Federal court. The Constitution bars an individual from suing a State for damages in Federal court. The ACLU was smart enough not to add a State government as a defendant or the complaint would be tossed.
Note that Hamilton County is not a sovereign state. Hamilton County may be a named defendant where the sovereign state of Connecticut may not. The only way to squeeze money out of sovereign Connecticut is for the Connecticut government to consent and pay voluntarily.
nolu chan posted on 2019-10-02 18:51:06 Reply Private Reply
#25: Gatlin To: nolu chan, Deckard, A K A Stone (#24)
Thanks ...
I see this ...
Is it too much to expect that others may?
It probably is
Salute,
Gatlin
Gatlin posted on 2019-10-03 02:43:58 Reply Private Reply
#26: A K A Stone To: nolu chan (#18)
If i'm wrong i'm wrong. Who cares.
The cops still abused their power and did wrong. That was the point of the article.
I still think the govt will pay in the end. But I don't care one way or the other.
A K A Stone posted on 2019-10-03 07:55:34 Reply Private Reply
#27: Tooconservative To: Gatlin (#2)
That's some pretty blatant contempt toward you and the forum. It seems that that is the entire intent in posting this article, to create a pretext to insult you personally.
This is just another attempt by Gatlin to manipulate you.
Tooconservative posted on 2019-10-03 08:01:24 Reply Private Reply
#28: A K A Stone To: Tooconservative (#27)
Gatlin is depressed. He is dealing with issues. He is sad.
Hopefully he recovers.
A K A Stone posted on 2019-10-03 08:09:36 Reply Private Reply
#29: Tooconservative To: A K A Stone (#28)
Tooconservative posted on 2019-10-03 08:25:14 Reply Private Reply
#30: Deckard To: Tooconservative (#27)
Yeah, he's doing the same thing over here, beginning from his first post to me:
Murray woman charged after letting cat lie on front lawn
A bit of a nutter, wouldn't you say?
OK, so I may have baited him a little by speculating about his predictable response in my "Poster Comments" when I posted the article.
And this was a about a cat being allowed to sit on a lady's lawn, on her own PRIVATE PROPERTY!
Seems as though the poor old chap may be going just a tad bonkers.
Deckard posted on 2019-10-03 09:10:34 Reply Private Reply
#31: nolu chan To: A K A Stone, Deckard (#26)
The topic being addressed is what TFTP/Matt Agorist got wrong, or what comment was very misleading. If you are wrong in your comments in defense of TFTP, then we are just back at TFTP got something wrong. Again.
My quoted comment was directly addressed to and responded to Deckard calling me dumbass. As is typical, Deckard has now skulked off in silence, incapable of admitting his bloviating had no substance.
[A K A Stone #7] The free thought project article in question contained no lies. The tax payers will pay.
Your comment at #7 was a cross-thread reference to the thread with the title, "Taxpayers to Be Held Liable After Cops Steal Mans Phone, Film Themselves Conspiring to Frame Him."
"Taxpayers to be held liable" is the stated topic of the sensationalized title, and the topic of this cross-thread exchange.
nolu chan posted on 2019-10-03 13:54:29 Reply Private Reply